Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Divorce Questions & Answers
0 Answers | Asked in Divorce for Tennessee on
Q: Can co-mingling of a "separate" property be defined by payment of mortgage etc from a joint account

The property was lived in by the parties for 3 years, rented out 8 separate times with the income from that placed in a joint account and payments for 27 years made from a joint account

1 Answer | Asked in Divorce for Tennessee on
Q: Can a Chancellor change the value of real property from what was the appraised value agreed upon by the parties.

The chancellor changed the value on three investment properties (rental properties) that were awarded to the wife by a total of $167,000.00 from the appraised value agreed upon by the parties.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024

Yes... He can accept value evidence or reject it. It could be grounds for appeal or a post trial motion. His discretion will be given alot of credence.

1 Answer | Asked in Divorce for Tennessee on
Q: Is property divided in divorce if it was before marriage?

In 2016 my parents signed the land over to me. I didn’t get married until 2020. My husband and I want a divorce and he doesn’t want the land. He name is not on the deed just mine. Do I need a lawyer if the papers says if one of us owns property we need a lawyer??

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Hire an attorney to represent you. The pleadings need to be right, especially the MDA and Judgment. You better check your title also. Once agreed and signed, he does not need to go to Court.

0 Answers | Asked in Divorce for Tennessee on
Q: Property in divorce what to do

My parents signed over the land over to me in 2016. In 2020 I got married. Does it include putting property together on papers even if he is not registered on papers with me?

1 Answer | Asked in Divorce for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

0 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Tennessee on
Q: I subpoena to court which took off from work. The victim that cause this against my son was also subpoena and did not.

The judge dismissed it but she did not get fined nor held in contemp. He is still in jail. I want to know what should be done about this. She also violate his protection order against her. The case was dismissed without any action done to her.

0 Answers | Asked in Divorce for Tennessee on
Q: I have filed Mutual consent petition for divorce in March. Next hearing is September. I have filed for advance petition

I have filed Mutual consent petition for divorce in March. Next hearing is September. I have filed for advance petition in April. May month was vacation. June month onwards no permanent judge. Judge incharge is coming once in a week and I was called for apperance in July month. Judge asked for... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I have a notarized , signed by myself, my husband as well as The 30th JUDIAL DISTRICT MEMPHIS. I can't pay filing fees.

My husband agreed via text to meet at the court and he was gonna pay filing fees. Now the day before he saying he can't afford it ether . Cause he got a child on the way with his mistress whom he lives with . What can I do ??? Please advise !

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

You will probably have to wait until you can afford an attorney and the Court Costs before you can get your Divorce. Your present MDA might be used later if it is proper.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
View More

0 Answers | Asked in Divorce for Tennessee on
Q: Me and my wife are separated. We're gonna file for divorce and she is approved for disability.

She is just waiting to see when her benefits start to roll in. Would filling for divorce delay or mess up the process?

2 Answers | Asked in Divorce for Tennessee on
Q: If I plan to divorce my husband and he is in jail, is it beneficial to me to file for divorce while he is incarcerated?

My husband has felony conviction and probably more felonies will be added. Is having a felony a reason for filing for divorce?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2024

If there is no property or debts involved, then it makes no difference. Talk to a divorce attorney.

View More Answers

1 Answer | Asked in Divorce for Tennessee on
Q: Can you change divorce paperwork after it’s been filed but divorce isn’t final yet?

My wife and I already filed for an uncontested divorce and agreed on custody and child support but I was looking back through the paperwork and noticed she had put over the past 5 years the children stayed with her during weekdays and myself on weekends and that’s not accurate.They stay with her... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

If you have a Dissolution Agreement that you like, then submit that to the Court for entry. It makes no difference what the earlier pleadings say. The Final Decree is what counts.

1 Answer | Asked in Divorce and Intellectual Property for Tennessee on
Q: This civil code article 1201 is saying what exactly? In layman's terms

Is this code 1201 stating I waive rights mean that any property we may own is now hers?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

I apologize for the confusion, but I believe there may be an error or missing information in your question. You mentioned "civil code article 1201" but did not provide the actual text of this code or specify which jurisdiction it applies to. Article numbers can vary significantly between... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
Jennifer McKinnish pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: how long for a Quick claim deed How long for an uncontested divorce with no property and no children

I have a question about property, my husband and i are getting a divorce. the property was from his mom, there is something called a Quick Claim Deed. The reason i am asking is he added my name to and now i am wanting it off. And then about a divorce uncontested

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Hire an attorney to file the Divorce. If not agreed to then you must have grounds. Part of the agreement should be execution by you of the Quit Claim Deed of your interest to him.

1 Answer | Asked in Divorce for Tennessee on
Q: Does the defendant still have thirty days after the final divorce decree to appeal the divorce?

My divorce by publication was granted by default due to the defendant not responding within 30 days of the last date of publishing.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

Yes...

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was filed with the court 6/22/22 court case#75CC1-2022-CV-79876. why hasnt it been finished no kids

my case say open with judge name

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Call the Court Clerk and ask.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.